The accused was charged with impaired driving and driving with a blood alcohol level over the legal limit (over 80).
The Crown proved the over 80 charge through breath test results.
However, the court found the accused not guilty of impaired driving due to weak evidence of impairment.
The court also found serious Charter violations: an unlawful and arbitrary detention under section 9 based on an erroneous policy requiring out-of-province residents to post bonds, and a violation of the right to counsel under section 10(b).
The court granted a stay of proceedings on the over 80 count due to the severity of the Charter violations and the state's entrenched discriminatory release practices.
